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[Investment] Guaranteed state investment

Investment guarantee

Investment law stipulates

Assurance of property ownership

1. Legal assets of investors are not nationalized or confiscated by administrative measures.

2. In case the State buys and requisitiones property for national defense and security reasons or for national interests, emergency, natural disaster prevention and control, investors shall be paid and compensated according to the provisions of laws on purchase and requisition of assets and other provisions of relevant laws.

Ensuring business investment activities

1. The State does not require investors to comply with the following requirements:

a) Prioritize the purchase and use of domestic goods and services or purchase and use of goods and services from domestic service providers or suppliers;

b) Export of goods or services reaches a certain percentage; limit the quantity, value, types of goods and services exported or produced and supplied domestically;

c) Importing goods in quantities and values ​​corresponding to the quantity and value of exported goods or having to balance foreign currencies from export sources to meet import demands;

d) Achieving localization rates for domestically produced goods;

d) Achieving a certain level or value in research and development activities in the country;

e) Provision of goods and services at a specific location in the country or abroad;

g) Place the head office at the location at the request of the competent state agency.

2. Based on the socio-economic development orientation, the foreign exchange management policy and the ability to balance foreign currencies in each period, the Prime Minister shall decide to ensure the foreign currency demand for the project. investment projects under the investment policy decision-making competence of the National Assembly, the Prime Minister and other important infrastructure development investment projects.

Assurance of transferring assets of foreign investors abroad

After fulfilling all financial obligations to the State of Vietnam in accordance with law, foreign investors may transfer the following assets abroad:

1. Investment capital, investment liquidation amounts;

2. Income from business investment activities;

3. Other money and assets are legally owned by investors.

Ensuring business investment in case of changing laws

1. In case new legal documents are promulgated stipulating investment incentives higher than investment incentives that investors are enjoying, investors are entitled to investment incentives in accordance with the new legal documents for the time. The remaining preferential period of the project.

2. In cases where new legal documents are promulgated providing for investment incentives lower than the investment incentives enjoyed by investors, investors may continue to apply investment incentives according to the previous regulations for the time being. The remaining preferential period of the project.

3. This provision does not apply in case of changes in the provisions of legal documents for reasons of national defense, security, social order, safety, social morality, and public health. copper, environmental protection.

4. In cases where investors are not allowed to continue to apply investment incentives as stipulated in Item 3 of this Article, they shall be considered for settlement by one or several of the following measures:

a) Deducting actual losses of investors into taxable incomes;

b) Adjusting operation objectives of investment projects;

c) Supporting investors to overcome damages.

5. For investment security measures prescribed in Clause 4 of this Article, investors must make a written request within a period of 03 of the year since the effective date of the new legal document.

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